Uttar Pradesh act 023 of 19851985 : The UTTAR PRADESH STATE PUBLIC SERVICE COMMISSION (REGULATION OF PROCEDURE) ACT, 1985

CHAPTER I

CHAPTER II

CHAPTER III

CHAPTER IV

CHAPTER V

Section 1.Short title and Commencement

1. (1) This Act may be called the Uttar Pradesh State Public Service Commission (Regulation of Procedure) Act, 1985.

2.It shall be deemed to have come into force on june 22, 1985

Section 2.Definition

2.In this Act, unless the context otherwise requires,-

(a)''Chairman'' means the Chairman of the Commission appointed under clause (1) of Article 316 of the Constitution and includes a person appointed under clause (I-A) of that article to perform the duties of the office of the Chairman;

(b)''Commission'' means the Chairman and all other members colectively, of the Uttar Pradesh State Public Service Commission

(c)''Controller of Examination'', means the Controller of Examination appointed or authorised under section 8;

(d)''Member'' means a person appointed as member of the Commission under clause (1) of Article 316 of the Constitution and includes the Chairman;

(e)''Secretary'' means the Secretary of the Comission and includes any/ other officer of the Commission authorised by the Chairman to perform all or any of the function of the Secretary.

Section 3.Business to be transacted by Chairman or other members.

Allocation of the Business of the Commission

3.(1) The business of the Commission specified in the Schedule shall be transacted by the Chairman or the member or members, as the case may be, specified such business; and the business so transacted shall be deemed to have been transacted by the Commission.

(2) Notwithstanding anything contained in sub-section (1); the Chairman may, if he considers necessary or expedient so to do in public interest, direct that any particular matter or business specified in the Schedule be placed before the Commission for disposal.

Section 4.Business to be transacted by Commission Delegation

4.The business of the Commission other than that specified in the

Schedule shall be transacted by the Commission.

5.(1)The Commission may, subject to such directions as it may deem fit to issue, delegate any of its functions to any individual member or officer of the Commission or to a committee comprised of members or officers of the Commission or both:

Provided that where any function is delegated to an individual member, the Chairman may appoint such such other person as the Chairman may deem fit to aid and advise the member.

(2)The decision of any person or Committee to which powers have been delegated under sub-section (1) shall be communicated to the Chairman before any action is taken thereon and the Chairman may, within fifteen days of the date of such communication, direct such person or the Committee, as the may be, for further consideration and decision. If upon such direction the person or the Committee does not change the earlier decision within fifteen days of the receipt of such direction, the matter shall be placed before the Commission whose decision shall be final and where no such derection is given the decision of the person or the committee shall be deemed to be the decision of the Commission.

(3)The decision taken be the person or committee to which powers have been delegated under sub-section (1) shall be reported promptly to the Commission.

Section 5.Decision in meeting

Business before the Commission

6.(1)A decision of the Commision at any meeting shall be by majority of the members present and voting and in the case of an equal division of votes, the Chairman shall have a casting vote. It shall

be open to any member to record his dissent, if any, with or without reason therefor, but he shall not communicate such dissent to the Government or any other authority of person.

(2)The quorum for a meeting of the Commission shall be one-half of the total members of the time being :

Provided that no quorum shall be necessary for a meeting adjourned for want of quorum.

(3)The Chairman may postpone consideration of any business at any

meeting, if he considers necessary or expedient so to do.

(4)When the Chairman is absent on leave or is unable to be present at a meeting of the Commission, the seniormost member shall preside over the meeting and perform the functions of the Chairman:

Provided that the list of cases on which decisions have been arrived at and those in respect of which action has been taken during the absence of the Chairman shall be placed before the Chairman immediately on his return from leave, or on resuming duty, as the

case may be.

Section 6.Decision by circulation

7.(1) If the Chairman is of the opinion that a business to be transacted by Commission is urgent and a meeting of the Commission cannot be conveniently called, and such matter may appropriately be decided by circulation, he may invite the opinion of the members by circulation of the business in the form of a proposal.

(2)If no opinion is received from a member within the time specified by the Chairman such member shall be deemed to have agreed to the proposal.

Section 7.Controller of Examination

Competitive Examination

8.(1) There shall be a Controller of Examinations who shall be a whole time salaried officer of the Commission, and until on is so appointed, an officer not below the rank of Joint Secretary of the commission, authorised by the Chairman in this behalf, shall be the Controller of Examinations.

(2)The Controller of Examination shall, subject to provisions of this Act, perform such duties and functions as may be entrusted to him uner the rules or orders relating to the competitive examinations conducted by the commission.

(3)The Controller of Examinations shall be responsible for the proper and timely conduct of such examinations and for maintaining and ensuring

secrecy thereof.

(4)Unless otherwise prescribed, all contracts concerning such examination shall be in writing and all documents and examination records shall be authenticated by the Controller of Examinations on behalf of the Commission. All such records shall be kept in the personal custody of the Controller of Examinations.

(5)All arrangements for the conduct of such examinations shall be made by the Controller Examinations in consultation with the Secretary and in accordance with such directions as may be issued by the Commission in this behalf.

Section 8.List of Examiners and paper-setters etc.

9.(1) The Controller of Examinations shall prepare for every subject, a list of persons qualified for appointment as examiners and submit the same for approval of the Commission. Such list shall be revised at least once in every three years :

Provided that a person included in the previous list shall be eligible for inclusion in the revised list.

(2)The list referred in sub-section (1) shall contain, as far as possible, information about the persons included therein in regard to their academic qualifications, teaching experience at the degree and the post-graduate

levels or professional experience and, the particulars, of the earlier examinations conducted by the Commission in which they acted as examiners.

(3)The Controller of Examination shall, with the prior approval of Chirman, appoint Paper Setters, moderators and Valuers from amongst the persons included in the list referred to in sub-section (1)

(4)In making such appointments every care shall be taken to ensure that no person is so appointed who found guilty of misconduct by any university, Government or Government body, or against whom any inquiries or investigations may be pending on allegations of misconduct, or whose integrity is in doubt. Any person whose work as Head Examiner, paper Setter or Valuer is found to unsatisfactory by the Commission shall not be reappointed for that purpose.

Section 9.Setting and moderation of question paper

10.(1) Every question paper shall be set by three different Paper Setters, who shall not belong to the same place.

(2)Sealed question papers received from paper setters shall be kept in the custody of the Controller of Examinations.

(3)The sealed envelopes, containing question papers received from the three paper setters, shall be handed over to the concerned moderators against a receipt.

(4)The Moderators shall Moderate all the three question papers, place them in separate covers under their seal, without making any mark of indentification on the cover and hand them over to the Controller of Examinations or his nominee against a receipt.

(5)The Controller of Examination shall choose any of the moderated question papers of a subject without opening the sealed covers and send it as such to the press, which shall be responsible for printing the question papers including the proof-reading, and for preparing packets of question papers for all examination centres under its seal, in accordance with information furnished by the Controller of Examinations.

(6)The press shall be responsible for maintaining the secrecy of the question papers, and the Controller of Examinations shall issue necessary direction and take necessary precautions ensure such secrecy.

Section 10.Rule making power

Miscellaneous

11.(1)The Commission may make rules not inconsistant with the provisions of this Act for the regulation of its procedure.

(2)The Commission may, if it thinks fit in the public interest, direct that the said rules or any part thereof shall not be published.

Section 11.Certain acts not to invalid

12.No consultation made with the Commission, or advice tendered by it, or examinations held by it or result at such examination or interviews conducted by the Commission or any Interview Board, or proceeding of the Commission or of any Interview Board shall be rendered invalid merely on the ground of-

(a)any defect in appointment of the Chairman or any member of the Commission or in constitution of the Interview Board, or

(b)any vacancy in the Commission or any of its Committees or Interview Board, or

(c)any defect or irregularity not affecting the substance in any proceeding before the Commission, or the Interview Board.

Section 12.Protection of action in good faith

13.No suit, prosecution or other legal proceedings shall lie against the Commission, the Chairman, the member, the Secretary, the Controller of Examination, the officers or any other persons deputed to assist the Commission for taking interview or

Section 13.Repeal and savings

14.(1) (i)The Uttar Pradesh State Public Service Commission (Regulation of Procedure and Conduct of Business) Act, 1974 hereby repealed.

(ii)Notwithstanding such repeal-

(a)the Uttar Pradesh Public Service Commission (Procedure and Conduct of Business) Rules, 1976 shall, unless superseded by the Commission, continue to be in force except in so far as they are inconsistent with the provisions of this Act,

(b)all acts, orders, decisions, recommendation, including the conduct of any interviews, selection or competitive examination, or declaration of any result there of by or on behalf of the Commission in accordance with the Act, referred to in clause (i) of sub-section (1) or the rules framed the re under, shall be deemed to be, and always to have been, valid and any proceedings in relation to any interviews, selection of competitive examination pending on the date of commencement of this Act may be continued and completed in accordance with the provision of the Act and the rules in force prior to such commencement.

Section 14.U.P Ordinance no-13 of 1984

(2)(i)The Uttar Pradesh State Public Service

Commission (Regulation of Procedure) Ordinance, 1985, is hereby repealed.

(ii) Notwithstanding such repeal, anything done or any action taken under the Ordinance, referred to in clause (i) of sub-section (2), shall be deemed to have been done or taken under this Act, as if this Act were in force at all material times.